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§ 1.47-for filing by other than all the inventors or a person not the inventor.

§ 1.48-for correction of inventorship.

§ 1.182-for decision on questions not specifically provided for.

§ 1.183-to suspend the rules.

§ 1.295-for review of refusal to publish a statutory invention registration.

§ 1.377-for review of decision refusing to accept and record payment of a maintenance fee filed prior to expiration of patent.

§ 1.378(e)-for reconsideration of decision on petition refusing to accept delayed payment of maintenance fee in expired patent.

§ 1.644(e) for petition in an interference. § 1.644(f)-for request for reconsideration of a decision on petition in an interference. § 1.666(c)-for late filing of interference settlement agreement.

§§ 5.12, 5.13, & 5.14-for expedited handling of foreign filing license.

§ 5.15-for changing the scope of a license. § 5.25-for retroactive license.

(i)(1) For filing a petition to the Commissioner under a section of this part listed below which refers to this paragraph$130.00.

§ 1.12-for access to an assignment record § 1.14-for access to an application

§ 1.53-to accord a filing date

§ 1.55-for entry of late priority papers

§ 1.60-to accord a filing date

§ 1.62-to accord a filing date

§ 1.97(d)-to consider an information disclosure statement

§ 1.103-to suspend action in application

§ 1.177-for divisional reissues to issue separately

§ 1.312-for amendment after payment of issue fee

§ 1.313-to withdraw an application from issue

§ 1.314-to defer issuance of a patent

§ 1.666(b)-for access to interference settlement agreement

§ 3.81-for patent to issue to assignee, assignment submitted after payment of the issue fee

(2) For filing a petition to the Commissioner under § 1.102 of this part to make application special

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(1) For revival of an unintentionally abandoned application, or

(2) For the unintentionally delayed payment of the fee for issuing a patent:

By a small entity (§ 1.9(f)).. $585.00 By other than a small entity............ $1,170.00 (n) For requesting publication of a statutory invention registration prior to the mailing of the first examiner's action pursuant to § 1.104-$820.00 reduced by the amount of the application basic filing fee paid (0) For requesting publication of a statutory invention registration after the mailing of the first examiner's action pursuant to § 1.104-$1,640.00 reduced by the amount of the application basic filing fee paid (p) For submission of an information disclosure statement under § 1.97(c)-$200.00.

[56 FR 65152, Dec. 13, 1991, as amended at 57 FR 2033, Jan 17, 1992; 57 FR 32439, July 22, 1992; 57 FR 38194, Aug. 21, 1992]

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§ 1.19 Document supply fees.

The Patent and Trademark Office will supply copies of the following documents upon payment of the fees indicated:

(a) Uncertified copies of patents:

(1) Printed copy of a patent, including a
design patent, statutory invention registra-
tion, or defensive publication document,
except patent or statutory invention regis-
tration containing color drawing:
(i) Regular service.........

(ii) Expedited local service...
(iii) Expedited service for copy or-
dered by electronic ordering serv-
ice and delivered to the customer
within two workdays............
(2) Printed copy of a plant patent in
color.........

........

.$3.00 $6.00

.$25.00

.$12.00

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(b) Petition for correction of inventorship in patent (§ 1.324)........ .$130.00 (c) For filing a request for reexamination: (§ 1.510(a))......

$2,250.00

(d) For filing each statutory disclaimer (§ 1.321):

By a small entity (§ 1.9(f))................ $55.00 By other than a small entity.... $110.00 (e) For maintaining an original or reissue patent, except a design or plant patent, based on an application filed on or after December 12, 1980, in force beyond four years; the fee is due by three years and six months after the original grant

By a small entity (§ 1.9(f))................... $465.00 $930.00 By other than a small entity...

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$25.00

Each application or patent......... (j) Labor charges for services, per hour or fraction thereof... ........ $30.00 (k) For items and services that the Commissioner finds may be supplied, for which fees are not specified by statute or by this part, such charges as may be determined by the Commissioner with respect to each such item or service... . Actual Cost (1) For processing and retaining any application abandoned pursuant to § 1.53(d) unless the required basic filing fee has been paid........ $130.00 (m) For processing each check re

$130.00

turned "unpaid” by a bank........ ..$50.00 (n) For handling an incomplete or improper application under § 1.53(c), § 1.60 or § 1.62.. (0) Marginal cost, paid in advance, for each hour of terminal session time, including print time, using Automated Patent System fulltext search capabilities, prorated for the actual time used. The Commissioner may waive the payment by an individual for access to the Automated Patent System full-text search capability (APSText) upon a showing of need or hardship, and if such waiver is in the public interest.............

$40.00

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§ 1.22 Fees payable in advance.

(a) Patent and trademark fees and charges payable to the Patent and Trademark Office are required to be paid in advance, that is, at the time of requesting any action by the Office for which a fee or charge is payable with the exception that under § 1.53 applications for patent may be assigned a filing date without payment of the basic filing fee.

(b) All patent and trademark fees paid to the Patent and Trademark Office should be itemized in each individual application, patent or other proceeding in such a manner that it is clear for which purpose the fees are paid.

(35 U.S.C. 6, Pub. L. 97-247) [48 FR 2708, Jan. 20, 1983]

§ 1.23 Method of payment.

All payments of money required for Patent and Trademark Office fees, including fees for the processing of international applications (§ 1.445), should be made in U.S. specie, Treasury notes, national bank notes, post office money orders, or by certified check. If sent in any other form, the Office may delay or cancel the credit until collection is made. Money orders and checks must be made payable to the Commissioner of Patents and Trademarks. Remittances from foreign countries must be payable and immediately negotiable in the United States for the full amount of the fee required. Money sent by mail to the Patent and Trademark Office will be at the risk of the sender; letters containing money should be registered. (Pub. L. 94-131, 89 Stat. 685)

[43 FR 20462, May 11, 1978]

§ 1.24 Coupons.

Coupons in denominations of three dollars, for the purchase of patents, designs, defensive publications, statutory invention registrations, and trademark registrations are sold by the Patent and Trademark Office for the convenience of the general public; these coupons may not be used for any other purpose. The three-dollar coupons are sold individually and in books of 50 for $150.00. These coupons are good until used; they may be transferred but cannot be redeemed.

[56 FR 65153, Dec. 13, 1991]

$ 1.25 Deposit accounts.

(a) For the convenience of attorneys, and the general public in paying any fees due, in ordering services offered by the Office, copies of records, etc., deposit accounts may be established in the Patent and Trademark Office upon payment of the fee for establishing a deposit account (§ 1.21(b)(1)). A minimum deposit of $1,000 is required for paying any fees due or in ordering any services offered by the Office. However, a minimum deposit of $300 may be paid to establish a restricted subscription deposit account used exclusively for subscription order of patent copies as issued. At the end of each month, a deposit account statement will be rendered. A remittance must be made promptly upon receipt of the statement to cover the value of items or services charged to the account and thus restore the account to its established normal deposit. An amount sufficient to cover all fees, services, copies, etc., requested must always be on deposit. Charges to accounts with insufficient funds will not be accepted. A service charge (§ 1.21(b)(2)) will be assessed for each month that the balance at the end of the month is below $1,000. For restricted subscription deposit accounts, a service charge (§ 1.21(b)(3)) will be assessed for each month that the balance at the end of the month is below $300.

(b) Filing, issue, appeal, international-type search report, international application processing, petition, and post-issuance fees may be charged

against these accounts if sufficient funds are on deposit to cover such fees. A general authorization to charge all fees, or only certain fees, set forth in §§ 1.16 to 1.18 to a deposit account containing sufficient funds may be filed in an individual application, either for the entire pendency of the application or with respect to a particular paper filed. An authorization to charge to a deposit account the fee for a request for reexamination pursuant to § 1.510 and any other fees required in a reexamination proceeding in a patent may also be filed with the request for reexamination. An authorization to charge a fee to a deposit account will not be considered payment of the fee on the date the authorization to charge the fee is effective as to the particular fee to be charged unless sufficient funds are present in the account to cover the fee.

(35 U.S.C. 6, Pub. L. 97-247)

[49 FR 553, Jan. 4, 1984, as amended at 50 FR 31826, Aug. 6, 1985]

§ 1.26 Refunds.

(a) Money paid in excess will be refunded, but a mere change of purpose after the payment of money, as when a party desires to withdraw an application, an appeal, or a request for oral hearing, will not entitle a party to demand such a return. Amounts of twenty-five dollars or less will not be returned unless specifically requested within a reasonable time, nor will the payer be notified of such amount; amounts over twenty-five dollars may be returned by check, or if requested, by credit to a deposit account.

(b) [Reserved]

(c) If the Commissioner decides not to institute a reexamination proceeding, a refund of $1,690 will be made to the requester of the proceeding. Reexamination requesters should indicate whether any refund should be made by check or by credit to a deposit account.

(35 U.S.C. 6; 15 U.S.C. 1113, 1123)

[47 FR 41274, Sept. 17, 1982, as amended at 50 FR 31826, Aug. 6, 1985; 54 FR 6902, Feb. 15, 1989; 56 FR 65153, Dec. 13, 1991; 57 FR 38195, Aug. 21, 1992]

§ 1.27 Statement of status as small entity.

(a) Any person seeking to establish status as a small entity (§ 1.9(f) of this part) for purposes of paying fees in an application or a patent must file a verified statement in the application or patent prior to or with the first fee paid as a small entity. Such a verified statement need only be filed once in an application or patent and remains in effect until changed.

(b) Any verified statement filed pursuant to paragraph (a) of this section on behalf of an independent inventor must be signed by the independent inventor except as provided in § 1.42, § 1.43, or § 1.47 of this part, and must aver that the inventor qualifies as an independent inventor in accordance with § 1.9(c) of this part. Where there are joint inventors in an application, each inventor must file a verified statement establishing status as an independent inventor in order to qualify as a small entity. Where any rights have been assigned, granted, conveyed, or licensed, or there is an obligation to assign, grant, convey, or license, any rights to a small business concern, a nonprofit organization, or any other individual, a verified statement must be filed by the individual, the owner of the small business concern, or an official of the small business concern or nonprofit organization empowered to act on behalf of the small business concern or nonprofit organization averring to their status. For purposes of a verified statement under this paragraph, a license to a Federal agency resulting from a funding agreement with that agency pursuant to 35 U.S.C. 202(c)(4) does not constitute a license as set forth in § 1.9 of this part. (c) Any verified statement filed pursuant to paragraph (a) of this section on behalf of a small business concern must (1) be signed by the owner or an official of the small business concern empowered to act on behalf of the concern; (2) aver that the concern qualifies as a small business concern as defined in § 1.9(d); and (3) aver that exclusive rights to the invention have been conveyed to and remain with the small business concern, or if the rights are not exclusive, that all other rights belong to small entities as defined in § 1.9. Where the rights of the small

business concern as a small entity are not exclusive, a verified statement must also be filed by the other small entities having rights averring to their status as such. For purposes of a verified statement under this paragraph, a license to a Federal agency resulting from a funding agreement with that agency pursuant to 35 U.S.C. 202(c)(4) does not consititute a license as set forth in § 1.9 of this part.

(d) Any verified statement filed pursuant to paragraph (a) of this section on behalf of a nonprofit organization must (1) be signed by an official of the nonprofit organization empowered to act on behalf of the organization; (2) aver that the organization qualifies as a nonprofit organization as defined in § 1.9(e) of this part specifying under which one of § 1.9(e) (1), (2), (3), or (4) of this part the organization qualifies; and (3) aver that exclusive rights to the invention have been conveyed to and remain with the organization or if the rights are not exclusive, that all other rights belong to small entities as defined in § 1.9 of this part. Where the rights of the nonprofit organization as a small entity are not exclusive, a verified statement must also be filed by the other small entities having rights averring to their status as such. For purposes of a verified statement under this paragraph, a license to a Federal agency resulting from a funding agreement with that agency pursuant to 35 U.S.C. 202(c)(4) does not constitute a conveyance of rights as set forth in this paragraph.

(35 U.S.C. 6, Pub. L. 97-247; 15 U.S.C. 1113, 1123)

[47 FR 40139, Sept. 10, 1982, as amended at 49 FR 553, Jan. 4, 1984]

§ 1.28 Effect on fees of failure to establish status, or change status, as a small entity.

(a) The failure to establish status as a small entity (§§ 1.9(f) and 1.27 of this part) in any application or patent prior to paying, or at the time of paying, any fee precludes payment of the fee in the amount established for small entities. A refund pursuant to § 1.26 of this part, based on establishment of small entity status, of a portion of fees timely paid in full prior to

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